Justice
by ManateeMama
Summary: Brenda's latest case has her questioning what justice really is. And how do we determine how it is dispensed? A/N: Brenda is working at the DA's office and Fritz is still with the FBI.
1. Chapter 1

**Chapter 1:**

Brenda was at her desk reviewing an evidence catalog for an upcoming trial. As she worked she was nibbling on Cheese Doodles. When she noticed orange crumbs on a pawn broker's receipt she brushed them away leaving orange streaks on the paper. She licked her finger and was preparing to try to wash them away when her secretary buzzed her. "Yes, Linda, what is it?"

"There's a Father O'Rourke here to see you. He knows he doesn't have an appointment but he says you've worked with him before."

"Father O'Rourke?" Brenda tried to remember who that was but came up empty.

"Yes. He says you know him as 'Father Jack'."

"Oh, yes. Tell him I'll be with him in a minute." She licked her finger once again and rubbed the telltale streaks before setting the evidence box on the floor beside her chair. _I wonder what he wants. He's always fightin' law enforcement._ Then she walked to the door and smiled, "Good afternoon, Father Jack. Come on in. Have a seat."

"Thank you for seeing me, Chief Johnson. Is it still appropriate to call you 'Chief Johnson'?"

"Yes, it is," she smiled, "What can I do for you?"

"I'm here on behalf of one of my employees, Doug Byers. He was arrested for possession of stolen property. But he is innocent and I'm hoping I can convince you to look into his case."

"Father Jack, that's a little outside of what I do. My job is to see to it that cases are properly prepared for trial by locatin' missin' evidence and witnesses."

"I know, but I don't know who else to speak to about this. Please, just hear me out."

Brenda heard the stress in his voice and said, "All right."

"Thank you. I need to tell you a little bit about DB – that's what we call him. He came to me when he got out on parole three years ago and said he wanted to turn his life around. Since that's what my foundation is all about, and since he had just married my bookkeeper, I started him out maintaining our building because he said he was good with his hands. He did such a fine job and was so conscientious that I hired him full time. He really did turn his life around, Chief Johnson."

"But he was arrested on a possession of stolen property charge."

"Yes, but he's innocent. I'm sure of it."

"Well, tell me about the charges."

"DB came to me one day and said that he realized our Community Center was too small. He had taken it upon himself to draw up some plans for a new wing that would house homeless parolees who want to change. And it would expand our kitchen so we could serve more people, as well as hold another large room we could use for GED classes, a gym, or whatever we need. His plans were impressive, Chief Johnson. They were practically blueprints. I approved them and put DB in charge of gathering the materials we would need for the construction. He found some good used tools we would need, but since we had no place to store them without risking them being stolen, he said we could store them in an old barn on his property. I thought it was a good idea so I gave him permission to take them."

"Were the tools the stolen property?"

"No. I'm getting to that. A few months later another parolee named Bobby Baker came to me saying he wanted to change, but he had no place to stay. We were full so DB said they had a spare room that he could use temporarily.

"A few weeks later, Parole did a surprise inspection and asked to inspect the barn. They found stolen electronics there, a lot of computers, cell phones, and several large flat-screen TVs, so both DB and Bobby were arrested. Bobby was charged with the theft and DB was charged with possession."

"I suppose that DB claims he knew nothin' about the stolen equipment?" When Father Jack nodded she asked, "How did Parole know to search the barn?"

"Bobby and another man were spotted on a store's surveillance camera committing one of the robberies and Bobby's parole officer knew he was staying with DB."

"Wasn't the barn locked?" When he said that it was, Brenda asked, "How did Bobby get access to it?"

"It was padlocked and the key was hanging on a hook by the back door. His wife gave the key to the parole officer. She didn't know anything about the stolen property, either."

"Was she charged?"

"No. Oh, they tried. They found some marijuana in a locked box in their bedroom and started to arrest her too but she had a valid prescription for it and she said she kept it locked so that no one else could get it."

"So she wasn't charged with bein' in receipt of stolen property?"

"Her name isn't on the deed to the property. Just DB's."

"Is the deed to the property the only thang linkin' DB to the stolen merchandise?"

"Yes. The other parolee they arrested said that DB was not involved in the robberies and that they waited until no one was home to get the key and stash the stuff in the barn."

"What was his name?"

"Gary Olinsky."

"If Mr. Olinsky is credible, I would think that his testimony could clear DB. What does Bobby Baker say?"

"He has an attorney who won't allow him to speak. So he either can't or won't clear DB."

"I can see why you think this is a case of mistaken prosecution, but if this case is gonna go to trial, DB's lawyer can present all this to the jury."

"I haven't told you the worst of it. You see DB has been in trouble twice before. When he was a teenager and again when he was sent to prison on a narcotics charge. So the DA wants to send him to prison for life without parole."

"So it's a third strike case."

"Yes. And it's not right, Chief Johnson. DB wasn't involved in stealing those things, and he didn't know they were on his property. Talk to his former parole officer, Orlando Ortega. He'll vouch for DB."

"Who is his current parole officer?"

"Marshall Kearney. He was DB's parole officer for less than four months and he's the one that conducted the raid."

"He's entitled to inspect any and all property of a parolee, Father. It's part of his job. But tell me, which DDA is prosecutin' this case?"

"DDA Kleinmann."

"I still don't know if there's anythin' I can do, but I will speak to my boss and see what he says."

"When will that be? He's already been in jail for over a year."

"He couldn't make bail?"

"The court never set bail. You know my people tell me that the Los Angeles courts are called 'Kangaroo Courts' because all they do is bounce defendants around. It takes forever to get anything done."

"I know the delays can be maddenin'."

"I'll tell you what's maddening. The two men who actually committed the crimes are facing sentences of fifteen or twenty years. But DB, a good man who has straightened out his life and had nothing to do with the robberies, is facing life without parole. That's what's maddening."

"All right. DA Corning is out of the office for the rest of the week but I have a meetin' with him next week and I'll bring it up then."

"That's all I can ask for. Thank you, Chief Johnson."

"You're welcome. I promise I'll take this to the DA and I'll let you know what he says. But don't get your hopes up. There might be more to this than you know about."

Father Jack nodded, thanked her again, and left.

* * *

Saturday morning Brenda and Fritz were at the mall. Their noses led them to a kiosk where a man was conducting a cooking demonstration and giving out samples so they stopped to watch.

"… And you can learn these delicious recipes and techniques which will improve your cooking skills at the Easy Gourmet Cooking School. We offer a variety of classes and, as you can see, the prices are very reasonable considering that you will learn skills which will improve your cooking and your enjoyment of food for the rest of your life."

On cue, a woman stepped up and began handing out brochures to the people who were watching.

After the demonstration, Fritz began reading the brochure. "Here's a basic cooking class for couples. It's six sessions and it meets on Tuesday and Thursday evenings."

"You have your meetin's those nights."

"I can go to meetings on other nights. I think we should take this class."

"Hmmph. I read that a university is workin' on a 3-D food printer that'll create gourmet dishes. I'd rather wait for that."

"I'm serious, Brenda. All that takeout we eat has too much salt and fat. And you know, at my last physical the doctor said I should lower my cholesterol and blood pressure."

"I don't have time to take cookin' classes."

"You're getting home earlier now and there are only three weeks of classes. Two to two and a half hours each class. It's something we could do together and we'd be home early enough."

"Do you think the FBI is gonna let you leave a stakeout in order to attend a cookin' class?"

"I haven't been on a stakeout in over a year. I think I can manage three weeks."

"I can't believe you really want to do this. You've never been interested in cookin'."

"I think it would be fun. And it says everything we would need is included. And we get a book with all the recipes and techniques we used."

"Well, Julia Child, I'll think about it."

* * *

Brenda grabbed her notepad and headed toward the elevator for her case conference with DA Steve Corning.

"Good afternoon, Miriam."

"Good afternoon. You can go on in. He's expecting you."

After listening to Brenda review her unit's functioning and problem cases, he asked, "Is there anything else?"

"Yes, sir, there is. Father Jack O'Rourke came to me last week with a troublin' situation involvin' one of his employees and the DA's office." She presented the information Father Jack had given to her.

"Have you looked into this?" Steve asked.

"No, sir. I don't know who in this office would look into it. It doesn't sound like any laws, or even DA policies were broken. And since I only heard one side I don't know what other relevant information might exist. So I decided that the best thang to do would be to bring it to you."

Steve nodded, "Let me think about this."

"There may be nothin' amiss but I keep thinkin' about what Father Jack said: that the men who committed the robberies are facin' fifteen or twenty years, but Douglas Byers is facin' life without parole. On a technicality."

"I agree that it's troubling." As he spoke he noticed Brenda glancing at her watch and asked, "Am I keeping you from something, Chief Johnson?"

Brenda smiled in embarrassment. "No, sir. It's just that I promised Fritz that I wouldn't stay late tonight. He's decided that we need to attend a cookin' school and the first class is tonight."

"Is Fritz a connoisseur of gourmet food?"

"No, he thinks prime rib with extra sour cream for his baked potato is a gourmet meal," she grinned. "I think he's just tired of eatin' takeout all the time."

Steve chuckled, "In that case I'd better let you go. I'll get back to you about the Byers case."

Brenda nodded and rose, "Thank you, Steve. Good night."

"Bon appétit."

 _To Be Continued…_

7


	2. Chapter 2

Fritz was waiting for Brenda when she pulled into the driveway. "Hurry up and get ready. We've got just enough time to grab a quick supper before class."

Brenda nodded and changed into slacks and a loose-fitting top. Then she looked at her shoes and remembered that the information sheet said she'd be standing for the entire class so she dug around in her closet and found a pair of comfortable sneakers, grabbed a pair of socks, and refreshed her makeup.

"Come on!" He was clearly agitated.

"Well, I want to look presentable."

"You look great. Let's go."

"I'm comin', I'm comin'!" Her agitation matched his.

After picking up burgers, fries and shakes from Buster's drive-through window, they arrived at the cooking school. Three other couples were assembling in the large kitchen. Brenda looked around and saw four cooking stations in a semi-circle in front of one more cooking station in the middle. Each station had a counter, four gas burners and twin sinks. Underneath were cabinets and drawers housing various pots and pans and utensils. Behind each station was a refrigerator, shelves holding dry ingredients, and an oven.

Every couple was dressed casually. Ted and Marilyn Morrison were standing near them. Ted and Fritz were exchanging greetings. Marilyn, a slender woman about Brenda's age, was stylishly dressed and perfectly coifed. Brenda smiled and said hello to her even though she stood apart and appeared to sum up Brenda and Fritz with disapproval. To break the ice, Brenda smiled at Marilyn and said, "My husband is really lookin' forward to this class. But I'm not sure my cookin' skills are up to a formal class. I hope I can keep up."

"I'm sure we'll all do just fine," Marilyn replied without returning Brenda's smile, and turned to her husband. "Ted, we need to choose our cooking station," and moved away from Brenda.

After each couple chose and explored a station, a young man with dark hair and olive skin wearing a white jacket and tall chef's hat entered. "Good evening. My name is Alphonso Rossi. I am a graduate of _Le Cordon Bleu_. But don't let that scare you off," he said as he removed the hat. "I'm here to share the basics of good cooking, not make you into instant gourmets. Over the next three weeks, we'll explore ways of preparing vegetables, meats, seafood, and pastas.

"Before we get started, Let's introduce ourselves. And please share why you decided to take this class." Each couple then introduced themselves. When Fritz said they decided to take the class because they have been eating far too much takeout, everyone laughed and nodded."

"All right. Thanks, everyone, for sharing. Let's get started with the utensils and vessels we'll use." He picked up a chef's knife and described how to properly use it.

Brenda's mind began to drift. She thought of Father Jack's anger and desperation and wondered about DB's wife. How was she managing with four kids and her husband snatched away from her over a year ago? She snapped back to the cooking class when Fritz nudged her. The other couples were gathering equipment and ingredients and she hurried to do the same.

After practicing the pinch grip on the chef's knife, Brenda and Fritz moved on to learning what Alphonso described as "Critical Cuts", the Brunoise, Julienne, Chiffonade, and Paysanne. Brenda had only heard of julienne and she thought they were tiny strips of carrots. She began to realize that there was a lot to learn and she started to pay closer attention.

By the end of the class, they had made three different types of soup. She held the containers as Fritz filled three jars with the fruits of their labors. And they had an assignment: To make a vegetable soup using the cutting and dicing techniques they had learned.

"I guess we'll be eating soup for the rest of the week," Fritz commented once they were in their car.

"It's too bad we didn't make some crackers too. I hope plain old oyster crackers are ok to float in these fancy soups."

"They are delicious. And pretty easy to make, too. We can make one on the weekend and have it the following week."

"Let's see how we feel after eatin' all this and doin' our homework."

Fritz nodded and changed the subject. "What did you think of the class?"

"He certainly knows what he's talkin' about. And he's easy to follow. I'm not sure about the Morrisons, though. Ted seems ok, but Marilyn? I don't get along well with snobby know-it-alls."

"She does act like the class is beneath her. Maybe we'll be able to just ignore them. The other couples seem nice, though."

"Let's see if we can change stations next time so we won't be right next to them."

* * *

After a long day of paperwork and case conferences with her staff, Brenda was finally ready to go home. As she was clearing off her desk she heard a knock and looked up to see DA Corning standing in her doorway.

"Can I help you, Steve?"

"I'm afraid you'll have to," he replied. "I've been thinking about the Byers case and I've read the summary on our computer system. I agree that the situation needs to be looked into so I'm assigning it to you. And because I haven't read anything which leads me to believe DDA Kleinmann did anything wrong, I know I can trust you to be both thorough and discreet."

"Of course. I'll start workin' on it tomorrow."

"Please keep me informed every step of the way."

"Yes, sir. I will."

Steve nodded, then asked, "Oh, I have to ask you how your culinary experience went last night."

Brenda smiled, "It was good, I guess. We started off makin' some fantastic soups. Accordin' to the schedule, tomorrow we work on vegetables, herbs, and spices. The only thang I know about spices are the ones used in southern cookin'. So I guess I'll be learnin' somethin' new."

"Well, enjoy. And thank you for bringing the Byers situation to my attention. Good night."

"Good night, sir."

* * *

The next morning, Brenda stopped at her secretary's desk on her way in. "Linda, please pull the complete file on a Douglas Byers, includin' the evidence catalog. If anyone asks you why, just tell them to see me."

"Certainly," Linda nodded and headed to Records.

When Brenda received the file she began reading but was almost immediately interrupted by Linda who buzzed her to tell her that Madeline Zahn, Mark Kleinmann's supervisor, was on the line.

"Good mornin', DDA Zahn. What can I do for you?"

"Chief Johnson, the Records clerk told me that your secretary just pulled the Byers file. May I ask why?"

"We received a complaint from Mr. Byers' employer and DA Corning asked me to look into the case."

"I see. That would be Father O'Rourke."

"That's right. He feels that Mr. Byers is a victim of over-zealous prosecution."

"Yes, I'm aware of his position. But I assure you that Mark is a very conscientious DDA and that he is correct in prosecuting Mr. Byers."

"I understand, but I still need to examine the case. And after I review the file I may have some questions for DDA Kleinmann."

"Do you mind if I give him a heads up?"

"I'd rather you didn't. But if he asks, just tell him that DA Corning requested a case review. And remind him that if he were suspected of any kind of violation, Professional Standards would be conductin' an investigation. And that isn't what this is. DA Corning asked that this review be discreet so I'd appreciate it if you and he didn't talk about it to anyone."

"All right. But if you do discover that there is a problem I'd appreciate a copy of your report too, Chief Johnson."

"That will be up to DA Corning, but I'll pass along your request." Brenda ended the call and went back to reviewing the file.

As she read the DDA's petition and the Statement of Fact she discovered information that Father Jack either hadn't been aware of or hadn't shared with her. When Parole conducted their search, in addition to the locked box with Gayla Byers' marijuana found in the bedroom, their search turned up another locked box in the barn which contained several expired driver's licenses, credit cards and two Social Security cards, all belonging to other people. She also read old LAPD reports that all of these victims apparently attended the same sporting event and reported that their cars had been broken into and that the items had been stolen. She noted that the date on the police reports were all the same and were prior to DB's second arrest on the narcotics charge of possession with intent to distribute.

She next read the information from his first arrest at age seventeen. When confronted by police, he shot at them. She read that the DDA requested that he be tried as an adult, given the seriousness of the charge of attempted murder of two police officers. However, since it was his first offense, the judge granted him juvenile status. Per the law, he was released when he turned twenty-five and his juvenile record was sealed.

Seven years later, he was arrested again when he attempted to sell meth to an undercover cop. When they searched his room they found more meth and cocaine, as well as scales and packaging materials. He admitted to the charges and was sentenced to fifteen years. According to prison officials, he was a model prisoner and was released on good behavior after serving eight years.

His record also showed that during his incarceration on the drug charges he began corresponding with Gayla Fortuna and they married shortly after his release. He began working for Father Jack just after they married.

His former Parole Officer, Orlando Ortega, described him as an ideal parolee who always passed his drug tests, and he was listed as a witness for the defense in Byers' upcoming trial. However, Byers' current Parole Officer, Marshall Kearney, was convinced that Byers was a career criminal who was "working the system" and that he was using his relationship with Father Jack's foundation as a cover for continued criminal activity. He will be testifying for the prosecution.

Brenda also saw that the case had been adjourned, postponed, and switched to different attorneys and judges and that the case had never had a bail hearing. She recognized that his previous attorney was a public defender with a reputation for doing as little as possible. Her time at the LAPD had convinced her that he was one of a legion of public defenders who tried to do just enough to collect payment from the state. Many of his clients' guilty verdicts were successfully appealed on the grounds of insufficient representation. She was not familiar with Byers' current attorney.

 _Well, from readin' the record, I can certainly understand why his Parole Officer wants to lock him up again, and why Father Jack is advocatin' for him._

She decided to start with DDA Kleinmann so she picked up her phone and asked him if she could come to his office to speak with him.

"Should I have my union rep or my supervisor present?" he asked.

"You certainly have that right, but this is not an adversarial interview. I don't think you've done anythin' wrong."

When she was seated in his office, she decided that recording his interview would put him on guard so she took out her notebook and after explaining why she was looking into the Byers case, she said, "I read the file and saw that you're pursuin' a third strike case. I guess my first question is why."

"Because Douglas Byers is a dangerous criminal who has a history starting with shoplifting when he was a child. He joined an Aryan gang when he was sixteen and was in a shootout with police a year later. He tried to murder two cops, Chief Johnson."

"Yes, I read that. But he was tried as a juvenile offender."

"True, but his PO feels that he still has the potential to be violent, and he's probably still using drugs. That's a dangerous combination.

"What has he done that has convinced Mr. Kearney that he's still violent?"

"I haven't heard of anything. I just decided to err on the side of protecting the community and follow Marshall's recommendation."

"You do realize that there was a state referendum on the third strike law and the citizens voted that it should be limited to violent offenders," Brenda replied.

"Of course. But the state legislature has yet to put that referendum into law. We're completely within our rights as well as our obligations to the citizens of Los Angeles to petition the court to lock him up for good."

"What about Mr. Ortega's view that Mr. Byers really has reformed and is no longer a danger to the community?"

"Marshall and I believe that Byers has not really reformed. But that will be up to the jury to decide."

"I guess so. Well, thank you, Mark. I appreciate your seeing me. I know this is unusual, but as I said at the beginnin', no one is accusin' you of anythin'."

"So I just wait for your report?"

"My report will only be given to Steve. I honestly don't know what he'll do with it."

"Ok, then. I guess I just wait."

She nodded, thanked him again for his time and left.

* * *

Brenda sat at Gayla Byers' kitchen table. Gayla was a well-muscled woman in her late 40s with chapped and calloused hands, bleached blonde hair, several tattoos on both arms, and a heavily lined and leathered face. The kitchen was clean but the appliances were old. Brenda assessed her. _This is a hard lady._ **"** Mrs. Byers, as I told you on the phone, I have been asked to review your husband's case and I need to get as much information as I can. And that includes gatherin' information about his family as well as your point of view about the situation. May I record this interview?"

"I'm not saying anything if you're recording. The LAPD is after me too, you know." Anger oozed from every pore.

When Brenda put the recorder back in her purse, Gayla began talking. Not surprisingly, she was adamant that her husband was innocent. She said they knew nothing about the stolen goods and that she knew nothing about the box with the stolen identities until she read the petition. "Why, he wasn't even home when the raid started."

"Where was he?"

"He was at his PO's office for his regular appointment."

Brenda knew that it was a common dodge for parolees to appear at the Parole Office when they knew that the PO was going to be at their home in an effort to cover their lack of cooperation or to avoid an expected failed drug test. "Are you sure that the appointment was supposed to be at the office?"

"Yes. Kearney gave DB an appointment card and it says that it was at the office." Gayla got up from the kitchen table and removed an appointment card from the door of the refrigerator and handed it to Brenda. "'Office' is circled. See for yourself."

"Would you mind if I took a picture of this card?"

Gayla shrugged, "Knock yourself out."

Brenda reached into her purse for her cell phone and asked, "Did anyone show this card to Mr. Kearney, or to DB's lawyer?"

Gayla shook her head, "We told DB's first lawyer about the card but he said it wasn't important to the case."

"Be sure to give it to the lawyer he has now," Brenda advised as she handed the card back to Gayla.

"I will. But everyone seems to be hung up on that box. You know what? I bet it doesn't even exist."

"Oh, I'm afraid it does." Brenda then showed her a photograph of the box with the stolen credit cards and IDs clearly displayed. "As you can see, Mrs. Byers, this photograph clearly shows the box and its contents."

"Well, I don't know where it came from. I know I never saw it before, and DB never mentioned it."

"This isn't the inside of your barn?"

"I don't know. I don't go in there. But if it is, that box is a plant."

"Who would plant evidence? And why?"

"I'm not accusing anyone, but if you want an answer to that question I'd take a close look at that mofo, Marshall Kearney."

"Why would he plant evidence against your husband?"

"He said he was coming after DB and that he would see him in prison again."

"When did he say that?"

"When he first became DB's PO. He didn't believe that DB's piss tests always came up clean. And he accused us of being 'trailer trash'," she added bitterly.

"He actually said that?"

Gayla nodded. "The first time he came out to inspect our house. He said he was surprised that we actually lived in a house. He said he thought we were more 'The trailer type'. Asshole!" She spat out the words.

"Why would he say that?"

"I don't know. Maybe because he didn't like it that we're all tatted up and my kids are all pierced too. He always acted like his shit doesn't smell. Talk to him. You'll see."

"I will, Mrs. Byers. But I have to tell you that I don't think the box is a plant. For one thang, it's very dusty. For another, you can see a spot on the shelf behind it that has no dust. It looks to me like that's where they found the box."

Gayla's belligerence evaporated as her lip trembled and she teared up. "Like I said, I never saw it before."

"Is there any chance that the box belonged to one of your children?"

"No fucking way! None of my kids would do something like that."

"The record shows that one of your sons had a drug charge, but there's no mention of a conviction. What happened?"

"He was at a party that was raided and drugs were found in a bedroom. All the kids were charged with drug possession but the charges were thrown out because there was no evidence any of them used or possessed anything. He's no angel. He's used in the past, but he's not a drug addict. And anyway, that has nothing to do with DB's case. It happened before I even knew DB."

"All right. I have just one other thang to ask you about. The DDA's report said that you kept marijuana in a locked box in your bedroom and…"

"That pot is legal. I have a prescription for it." The belligerence had returned to her voice.

"Why do you take it?"

"Migraines, and if you have a problem with that, you can take it up with my doctor."

"Why do you keep it locked in your own home?"

"Not to keep it from my kids, if that's what you're thinking. They've known about my pot for years and they've never touched it. They know I'd kill them if they did."

"Then why keep it locked up?"

"I wanted to keep it away from DB."

"Is he a user?"

"Not any more. He's completely clean now, but he admits he used before he went to prison for selling drugs. I just don't want him to be tempted so I try not to use it unless I absolutely have to. And if the migraine is bad enough I go out in the yard so the smell won't be in the house."

"All right, Mrs. Byers, thank you for speakin' with me. I may need to talk to you again in the future."

"Do you think your report can help my husband's case?"

"My report is for the District Attorney. He's the one who will decide how it will be used. But I really doubt it'll be entered into evidence in court."

"Of course. You've already made up your mind about us. Just because we don't look like you and we never went to a fancy college like you did, you've already decided we're guilty."

"No, Mrs. Byers. I haven't decided any such thang."

"Yeah, right. I've dealt with your kind before. This ain't my first rodeo."

* * *

Back in her office, Brenda organized an email update for DA Corning. As she pressed the send button, she thought, _This review is certainly gonna take a lot more work._

 _To Be Continued_

12


	3. Chapter 3

As Brenda pulled into her garage she saw that Fritz wasn't home yet. _Good. That'll give me time to get ready for class._

She showered and put on jeans and a light blue top. As she put on her sneakers she smiled with satisfaction that she would be ready when he came through the door.

She looked at the clock and decided she would try to have their supper ready when he came in so she pulled the vegetable soup they had made the night before from the fridge and ladled out two bowls. Then she looked at the broth based soup and decided to make sandwiches as well, so she opened the refrigerator again and pulled out the ham, lettuce, a tomato, Swiss cheese, and mayonnaise. She grabbed the bread and was busy making sandwiches when she heard the garage door going up. "Hurry up and get ready while I finish puttin' supper on the table."

While they were eating, Fritz asked, "What do you think of the soup?"

"It's got a lot of veggies, but it's kinda disappointin'. I think it should have more flavor."

"I agree. Maybe we'll learn enough tonight about herbs and spices so we can doctor it up before we have the rest of it."

Brenda nodded and looked at the clock. "Speakin' of class, we'd better get goin'."

* * *

They were the last couple to arrive and everyone had taken the same station they had claimed before so Brenda and Fritz took their places too. They saw that the Morrisons brought their vegetable soup with them.

"I don't remember him sayin' we should bring our soup to class," Brenda whispered.

"Apparently we're not the only ones. No one else has their's."

Chef Rossi then entered and greeted everyone. He turned to the Morrisons and said, "I see you completed your assignment, but just so you all know, it's not necessary to bring your assignments to class. If you want, you can put your soup in the refrigerator. I want to go around the class and have each of you summarize your soup making experience."

The other couples all said that their soups were delicious but when it was their turn Brenda said, "We used lots of vegetables but it still was kinda bland."

They heard Marilyn Morrison whisper, "The rednecks don't even know how to make soup."

Chef Rossi glanced at Mrs. Morrison but turned back to Brenda. "Did you make your own broth or use canned?"

"We both got home after 7:00 last night so I stopped at the grocery store and bought vegetable broth. And the veggies were good, I guess. We just need to learn more about proper seasonin's."

Chef Rossi smiled, "And that is on our menu this evening." As he began putting vegetables and fresh herbs on the counter he again smiled at Brenda and said, "Thank you for your honesty. That's the way to get the most from these classes."

Chef Rossi then proceeded to discuss the various ways of cooking vegetables and which herbs complemented them before moving on to a general discussion of the use of herbs.

After the break he moved on to spices. By the end of class Brenda's head was spinning. "I sure hope all this stuff is in that book," she whispered to Fritz.

"Your assignment for this weekend is to make up your own rub and use it to prepare meat. And, of course, be prepared to discuss your cooking Tuesday night."

As the Morrisons were leaving, Ted stopped and came back in. He walked up to Brenda and Fritz and admitted, "I'm glad we weren't the only ones who made a bland vegetable soup," before turning and catching up to his wife.

On the way home Fritz asked, "What kind of meat do you want to make?"

"How about some ribs? I don't know how our rub will turn out, but I've watched my daddy cook them so I know how."

"Ok, how about we fix them on Saturday?"

"We need to go shoppin' to get some ingredients."

"We can do that Saturday morning."

"How much do you want to put into this? We don't have a lot of the equipment he uses and I'm not sure I want to invest in a lot of high end equipment we're not gonna use very much."

"Me neither."

* * *

Monday morning, when Brenda got off the elevator Linda was walking back from the break room with a cup of coffee. "Good morning, Chief Johnson. Marshall Kearney is waiting for you."

"Thank you, Linda."

"Good morning, Mr. Kearney. Thank you for comin' in." She thought he looked anxious so she asked, "Can I get you a cup of coffee?"

"No, thank you. I'm hoping this meeting won't take long. I've got a full day."

"All right, then. Let's get to it. As I told you on the phone Friday, DA Corning has asked me to look into the Douglas Byers case…"

"I can assure you that I acted completely within the law and Parole policy."

"You're not bein' accused of any wrongdoin'. But there's a wide discrepancy in Mr. Byers' former PO's description of him and yours. I just want to try to reconcile those discrepancies and get a good picture of the case."

"All right. How can I help you?"

"I've never met Mr. Byers so would you please tell me about him?"

"He's a dangerous man who comes from a family with a hefty criminal history." PO Kearney described Douglas Beyers in the same way DDA Kleinmann had. "His first arrest netted him seven and a half years. He should have served much more for the attempted murder of two police officers."

"I read that the judge granted him juvenile status so he had to be released when he turned twenty-five."

"He should never have been tried as a juvenile. That judge made a serious error. But what are you going to do?" he shrugged. "That's our judicial system."

"The Statement of Fact said he shoplifted as a child. If so, why was the shootout considered his first offense?"

"None of the merchants ever pressed charges. He has an innocent look and they probably felt sorry for him."

"I see he got into trouble again sellin' drugs to an undercover officer."

"Of course he did. Scum like Byers never change, despite what bleeding hearts like Father Jack say. You should meet his wife and her four kids. Just one look at them will tell you all you need to know about what fine, upstanding citizens they are," he concluded sarcastically.

"I met his wife last week but I haven't met his kids."

"Actually, they're her kids. All from different fathers. No surprise there."

"Why do you think Father Jack and Orlando Ortega have such different opinions about him?"

"Well as I said, Father Jack is a bleeding heart who swallowed his bullshit hook, line, and sinker. Turning his life around," he sneered, "Yeah, right. As far as Ortega's opinions, you'll have to ask him."

"The petition states that Mr. Byers was arrested for possession of stolen property. Did Mr. Byers know that the property was in his barn?"

"He denied any knowledge of it."

"Did you believe him?"

"No, but it didn't matter. For once, luck was with us. We didn't need to prove prior knowledge. Just his name on the deed was enough to charge him with possession of stolen property."

"Why do you think that DDA Kleinmann decided to allege a third strike?"

"That was at my request. Douglas Byers is dangerous. The community will be safer when he's locked up for the rest of his life."

"I understand that you found marijuana in his bedroom."

"Our luck ran out there. His wife claimed it was hers and she had a prescription for it so we couldn't arrest her. But the LAPD knows about her so she'll probably be arrested before long."

"Well, thank you for your time, Mr. Kearney. I certainly understand your point of view a little clearer. But I may need to contact you in the future if I still can't reconcile the discrepancies."

After Mr. Kearney left her office, Brenda called Orlando Ortega.

* * *

"Thank you for meetin' with me so promptly, Mr. Ortega."

"Actually, I was expecting your call. Father Jack called me after he met with you."

"Then I guess you know I'm lookin' into the Douglas Byers case. And I'm puzzled by the disparity between your opinion of Mr. Byers' case and Mr. Kearney's. I'm hopin' to clear that up."

"I was DB's PO for over three years. There's no doubt he started off bad. I read his case file when it was first assigned to me and my first opinion of him was the same as Marshall's. At our first meeting, DB told me that he wanted to change. He said his last stint in prison had convinced him that he wasn't going to have a future if he continued on the same path."

"So his motivation was a better future?"

"That, plus he had corresponded with a woman who had kids and he wanted to be a good role model for them. I've heard it all before so I wasn't convinced he wasn't conning me."

"Did you refer him to Father Jack?"

"No, that was Gayla. She had gotten a job as Father Jack's bookkeeper and she pointed DB in his direction."

"I read that they married shortly after his release."

"That's right. I didn't hold out much hope that their marriage would last. It's hard for a man who never had a good family life to assume the role of husband and father to four teenagers."

Brenda remembered how difficult it was for Fritz to connect with Charlie. "Yes, I'm sure that's very hard."

"I've never seen much good come from prison romances, and they certainly had their troubles, but so far they've stayed together. Of course, they only had three years."

"What kind of troubles?"

"Mostly arguments over the kids, I think. DB took a strong hand with the boys because he saw them at risk of getting into trouble. Father Jack got him to ease up on them and to become more of a role model. DB taught them engine repair, carpentry and plumbing, and even how to operate some heavy equipment. And he got them involved with Father Jack's foundation too."

"Do you still think he was workin' the system? Workin' for Father Jack as a cover for crimes?"

"No. I thought that at first, but over three years he really did turn around."

"So you don't believe that he knew anythin' about the stolen merchandise."

"No, I don't. I didn't find out that Bobby Baker was staying with him until after the fact. When I found out about it I strongly urged DB to get him out of his house. Bobby Baker is definitely hardcore and I was afraid that something would happen."

"Did you think Mr. Byers would slip back into criminal behavior?"

"It certainly was a possibility, but by that point I actually was more concerned that the boys would be influenced by Baker and get into trouble. But DB said that he was keeping the boys pretty busy and away from Baker."

"Why do you think Mr. Baker refuses to corroborate DB's statement?"

"He's very manipulative and probably is angling for a deal. His lawyer also is telling him not to talk."

"Who's representin' him?"

"A Public Defender named Elias Sadler."

"Why do you think Mr. Kearney has such a different opinion of Mr. Byers?"

"Marshall worked with him only for three and a half months. And he has a pretty negative opinion of parolees in general. That's not unusual, but I was a social worker before I became a PO so I have a built-in belief that people have the capacity to change. Marshall doesn't."

"I know turnin' away from a life of crime isn't easy. And it's easy to become jaded. There aren't many success stories."

"It's true that there are many more failures than successes. But there are some, and DB is one of them. I'm afraid I'm out of time," he said looking at his watch. "I've got an appointment in thirty minutes."

"That's fine. If I need more information I'll call you. Thank you for comin' in."

After Mr. Ortega left, Brenda buzzed her secretary. "Linda, please get me Wendall Morgan on the phone."

A few minutes later, Linda buzzed her and said that Mr. Morgan was not available.

"Then would you please get me Elias Sadler from the Public Defender's office? Thank you."

"Mr. Sadler on line 3, Chief Johnson. Should I keep trying to reach Mr. Morgan?"

"Yes, thank you." She punched the button. "Good afternoon, Mr. Sadler." She then explained her assignment and requested to interview Bobby Baker. Mr. Sadler countered by cautioning her that he could not allow his client to answer any questions regarding his case.

"I understand," Brenda reassured him. Is Mr. Baker in jail, or did he make bail?"

"He's out on bail and staying with his mother."

"Then could we meet in your office? I don't want to scare him by havin' him brought here."

"I can assure you that you won't scare him. But meeting in my office is certainly easier for me."

"Fine. I don't expect this to be adversarial."

"I have a full calendar but since it's billable and there's no court scheduled for Friday, I could have him here… Oh, say… 10:30?"

"10:30 on Friday would be fine. Thank you."

"I'll call him and set it up. But I have to direct my client not to answer any questions if I feel he would be incriminating himself."

"I understand. Thanks again."

A short time later Linda buzzed her and said that she had Wendall Morgan on hold.

She repeated her purpose in calling Mr. Morgan and requested permission to interview DB.

"Not without my being present, Chief Johnson. This is a third strike case."

"Yes, sir. That's why I called you."

"What do you want to interview him about? And how do you plan to use this interview?"

"As I told you, I'm not preparin' a report to be used in court, although I can't say that it wouldn't find its way there."

He interrupted her. "Then I'm obliged to remind you that I won't allow him to answer any questions unless I approve them first."

"I doubt any of my questions will incriminate him. I want to get his side of the story and try to get his perspective on the differences between the two POs."

"When do you want to meet with him?"

"It can be at your convenience, although I'd like to finish this report as soon as possible."

"I'm available next Wednesday morning. But we'll probably have to meet at the jail. Arranging a transport can take time."

"If possible, I'd appreciate it if we could meet in your office, sir." Brenda hated the jail. It smelled like antiseptic and unwashed bodies. The smell was so strong that it always made her eyes water.

"I'll call, but don't be surprised if we have to meet in one of the jail's interview rooms designated for attorneys."

"I'm keepin' my fingers crossed that you can work miracles."

He laughed. "People always expect attorneys to work miracles. Unfortunately, it usually doesn't work out that way."

* * *

As he had done in the previous session Chef Rossi asked each couple about their experience creating their rub.

"We fixed ribs and I was afraid our rub would be too salty, but it was excellent," Fritz said proudly.

Almost immediately, they heard Marilyn Morrison laughing. Then in a stage whisper, she sneered, "How did I know the hillbillies would fix ribs?"

Chef Rossi was talking about the herbs and spices they had used but he stopped and glared at Marilyn. Ted, looking embarrassed, shushed his wife and Chef Rossi continued talking to each couple about their assignment.

After they discussed the various ways of cooking meats, they were assigned to choose one of the methods they'd discussed and to prepare a meat dish and vegetables.

As they were cleaning up, Brenda said, "We've got chicken in the fridge. How about we fry it for dinner tomorrow?"

"Ok. You know I love fried chicken but shouldn't we try something we don't normally fix?"

"We won't have time tomorrow. Maybe this weekend when we have more time."

* * *

The next morning, Brenda started pulling things from the shelves and cabinets. "Fritz, would you get the chicken out of the refrigerator and wash it off?"

"Are we having chicken for breakfast?"

"No, silly. I'm startin' supper."

"You want to fix it right now?"

"I want to get it started. After you wash it, dry it with paper towels and put it in this bowl."

They both worked prepping the chicken. Then they headed off to work.

* * *

At their next class, Chef Rossi once again asked about their experiences with their assignment. Fritz reported, "We knew we would be short of time so we fried chicken. But this time we varied my wife's family recipe by using some of the herbs you told us about, and it was delicious."

"How did you fix it?"

Brenda answered, "We used my Mama's buttermilk brine like we always do. But this time we added rosemary, sage, tarragon, white pepper and lemon zest."

"Did you add them to the buttermilk mixture?"

"No, we added them to the flour before fryin'."

"Very good. We're going to do some frying tonight, too," Chef Rossi nodded before going on to the rest of the class. "Thank you all. Now, tonight we're going to work on fish and shellfish."

The first item in the class was a beer batter shrimp served with a tequila rémoulade. Chef Rossi explained that a rémoulade was originally intended for meat dishes but is now primarily used for seafood. When he finished, he passed around a tray for everyone to sample. Brenda took a piece and dipped it in the rémoulade, but Fritz did not.

"Fritz, aren't you going to try the shrimp?" Chef Rossi asked.

"I'm afraid not. I'm allergic."

Chef Rossi nodded and continued with procedures for properly cooking scallops, trout and salmon, then moved on by making crab cakes, lobster, and mussels. Samples were passed with each preparation.

"We should have skipped supper," Fritz whispered and Brenda nodded her agreement.

Their assignment was to prepare two seafood dishes using the techniques they had learned during class, one as an appetizer, and one as the main course.

As they were packing up, Brenda told Fritz, "I've never made anythin' except clam linguini and fried catfish and hushpuppies."

Ted heard her and said, "Fritz, I envy you. Clam linguini is a favorite of mine."

Fritz replied, "Well, the next class is pasta so maybe we'll make some."

Ted nodded, "Maybe. Well, good night."

 _To be continued…_


	4. Chapter 4

**Chapter 4:**

Friday morning, Brenda headed to Elias Sadler's office. After a brief wait in his lobby, Elias invited her to his conference room. Bobby Baker was seated across from her. He was a small man with long, greasy hair who spoke through his nose and nervously bit his fingernails. Brenda noted his pocked skin and rotted teeth and suspected that he was a full-blown meth addict.

He looked sullen, but somewhat rattled at the same time. _Does he think he's gonna be cornered and forced to confess?_ "Mr. Baker, my name is Brenda Leigh Johnson. I'm with the DA's office and my supervisor has asked me to look into Douglas Byers' case. My report is only for my boss' use so I doubt it will be part of the court cases, but I can't promise anythin'. I'd like to record this interview, if no one has an objection."

Bobby looked at his attorney who said, "I've already told her that you won't say anything which will incriminate you."

Bobby nodded. "Ok, then. But I know who you are. You used to be LAPD."

"That's right, but I've been at the DA's office for a little while now." She removed a small recorder from her purse, placed it on the table, and pushed the red button. She identified each person in the room and continued, "As I was sayin', I'm interested in the Douglas Byers case. I am not here to interview you about your case."

"Good thing, because I'm not talking about the case against me."

"No, and you should know that I promised Mr. Sadler that I would not ask you any questions about your involvement in the robbery case."

Baker just grunted and looked at her suspiciously.

"As a matter of fact, I only have one question for you."

Bobby grunted again then said, "Fire when ready."

"I saw the video taken when you and Mr. Byers were arrested. DB's back was to the camera so I couldn't see his face, but accordin' to the video, you would have been able to see him. So my question for you is: What was his reaction to seein' the merchandise in question?"

Bobby looked at his attorney, who nodded. He then turned back to Brenda. "Shocked. He looked shocked."

"Thank you, Mr. Baker. I appreciate your help."

"Is that it? That's all you want to know?" He looked confused.

"Yes. As I said, I'm lookin' into Mr. Byer's case, not yours."

"So, I'm free to go?" He still looked confused.

"Yes, sir, you are. And thank you for your time." She turned off the recorder and put it back in her purse.

* * *

When Brenda and Fritz arrived in class the following Tuesday night, they were once again asked about their assignment. They reported that they had been inspired by the aromas when they had walked through the Indian section of an international farmer's market on Saturday.

"We picked up a recipe card for a layered red snapper and vegetable dish," Brenda explained, "So we bought all the ingredients right there in the market."

"Tell us about it," Chef Rossi coaxed.

"It had a spicy curry and coconut sauce," Fritz added. "I liked it more than Brenda did."

Brenda nodded in agreement. "It was a bit too spicy for me."

"Was it hot?"

"No, not too hot, but it was kinda hard to taste the vegetables and the fish under all those spices."

"Interesting. You've just discovered one of the pitfalls of cooking with herbs and spices. If you're not careful, you can completely overwhelm other ingredients. But since it was Indian cuisine, it probably was supposed to have a strong sauce. What did you fix for your appetizer?"

"Miniature crab cakes with one of the dippin' sauces we made in class. They were wonderful, but we didn't think they were a good match for Indian food."

Marilyn Morrison mumbled something Fritz couldn't catch. But he did hear the word "redneck". For the first time, Fritz studied Marilyn Morrison. He saw a tall, willowy woman whose hair and nails were perfect. He was sure her clothes were _haute couture,_ but he saw a physically attractive woman who never seemed to smile. _Probably because she's afraid her makeup would crack._ He was so thankful that Brenda didn't have a conceited bone in her body, and he switched his attention back to the class.

Chef Rossi nodded at Brenda and canvased the other three couples before continuing. "Tonight we're going to make rice and pasta. Is there anyone here who has never eaten handmade pasta?" No one responded so he continued, "Then you all know how much fresher and tastier it is when you make it yourself. But many people don't want to buy a pasta maker. They are large and bulky to store, I'll admit that. But if you really love pasta I would recommend that you invest in one. We're going to begin by making our own marinara sauce and a garlic cream sauce so we can let them cook while we continue."

They followed his instructions and soon had two fragrant sauces bubbling on the stove. At Chef Rossi's command, they moved on to making the dough. Fritz lifted the pasta maker from the cabinet below, and they made linguini, fettuccini, spaghetti, and lasagna noodles, and they chose the fettuccini to sample with their sauces.

Brenda and Fritz agreed that while both were excellent, the garlic cream sauce was their favorite.

"I sure hope this recipe is in our book. I am definitely going to want this again soon," Fritz commented.

"So far all the recipes have been in the book so this one probably is too."

"Now we're going to move on to rice," Chef Rossi continued as he explained the uses of the different varieties of rice. "I'm going to have you watch while I prepare them." He proceeded to demonstrate sautéing the rice before adding stock and cooking it, and moved on to a creamy risotto. He explained that different ingredients could be added to make a variety of dishes.

When he finished he passed small dishes of each for the couples to sample and told them that their assignment was to make one of the pastas and one of the sauces.

On the way home, Brenda commented, "He uses a lot of wine in cookin'. I don't think we want to make everythin' with wine. And I really don't want a pasta machine. If we decide we want handmade pasta, we can go to Mama Condini's. Besides, she makes the best cannolis I've ever eaten."

"I agree, but I can handle wine every once in awhile."

"As long as it doesn't bother you."

"Wine isn't one of my triggers. Say, I really loved the gnocchi. Let's make that this weekend."

"Ok. That doesn't require a pasta maker and we've already got everythin' we'll need except for the mascarpone, I think. Do you want to make the garlic cream sauce to go with it?"

"Oh, yes," Fritz grinned. "Absolutely."

* * *

That weekend they completed their assignment. After dinner, Fritz put his arms around Brenda and whispered, "You know, a little gnocchi puts me in the mood for a little nookie."

"I love a man who can make love in Italian."

"Well, I did get plenty of practice in Italy," he said softly as he kissed her neck.

"Mmmmm. We both did, but it seems like Italy was in a previous life," she sighed.

"Maybe if we could keep on practicing _amore_ we can bring it back to this life…"

* * *

As was his routine, Chef Rossi began class by asking each couple about their homework.

"We made gnocchi because we don't have a pasta maker," Fritz answered when it was his turn.

"And did you make a sauce?"

"Yes," he replied, "We made the garlic cream sauce. It has now become one of my favorites."

"That's true," Brenda added. "As a matter of fact, I expect he'll want it on his corn flakes tomorrow mornin'."

The class laughed and Chef Rossi continued, "I hope you're all discovering new favorites." Then he said, "Tonight we're going to focus on desserts. But before we get started I want to talk about Thursday's class. Since it's our final session, I'd like to do something different. I'd like us to have a dinner with each couple preparing one thing from our sessions. Each item will be prepared here just before dinner so everything can be served at the correct temperature. We'll choose our items at the end of class tonight. Any questions?"

Since no one had any, he continued. "We're going to start off with a Créme Brûlée. And then we're going to make ice cream, cheesecake and a fabulous lemon cream tart. I guarantee each one of you will gain five pounds just inhaling the aromas."

Brenda was sure this was going to be her favorite class and she wasn't disappointed. Her mouth was watering as Chef Rossi explained that because of the time involved in baking, they would be preparing the dishes but that he would have samples of completed dishes for them to taste.

"But we're all going to start out with the Créme Brûlée," and he told them which items they would need. When they were finished with the custard, he told them they would refrigerate it and then they'd use the small torch to burn the sugar and create a crispy, sweet crust on top.

"And now we're going to make a fool-proof pie crust so get out your food processors. Also you'll find the butter and shortening in the freezer."

Even though he had promised that their pie crust would be fool-proof, Brenda faced the task with fear and trepidation. She had heard that before and, despite the reassurances, her pie crust had always been a huge flop. It failed so consistently that it became a running family joke. But, despite her misgivings, she listened intently to Chef Rossi's instructions.

As she lightly worked the dough, Fritz whispered, "I don't think you're the only one who has had pie crust disasters."

Brenda looked up at the other couples and recognized the intensity with which they all worked. But no one was disappointed in their results. As promised, their pie crusts were light and flaky. While their lemon tarts cooled they went on to making ice cream and then cheesecake.

Chef Rossi asked them what topping they preferred. Before Brenda could voice her preference for chocolate, someone requested raspberry so Chef Rossi showed them how to make a framboise topping.

While the class was savoring the desserts, Chef Rossi discussed the dinner they would have on Thursday evening. "I would like each couple to make one dish. I will have all the ingredients here for you. We need someone to prepare seafood, someone to make rice or pasta, someone else to choose a vegetable, and a dessert."

They discussed the menu and Fritz whispered to Brenda, "Should we make the dessert?"

"No way," she whispered. Let's make the risotto."

On the way home Brenda was thinking out loud. "I know I said I didn't want to buy any more kitchen equipment, but if we're gonna do more cookin' I'd like to get a food processor."

"We already have one."

"I know, but it's a cheap one. I want a good one and I think they're expensive."

"That's ok with me."

"I wonder if the Williams-Sonoma in the mall sells the brand we used."

"If not, we can check online."

* * *

The following morning, Brenda met Wendall Morgan in the LA County Jail's Metropolitan Detention Center's parking lot.

"Chief Johnson, I'm sorry I was unable to work a miracle for you."

"At this point I'll settle for a short, successful interview."

They checked in with the front desk and they both were told to empty their pockets. Brenda had no pockets so she told the guard that she wanted to keep her pen, notepad, and her tape recorder. After examining those items, they were handed back to her and she and Mr. Morgan were led to an empty interview room. While waiting for DB to be brought in, Brenda commented, "It's been several years since I've been here but they haven't improved the smell, have they?"

"No, I'm afraid not," Mr. Morgan agreed. "DB should be here in a few minutes. I expect him to be cooperative, but maybe you should let me start out by laying the ground rules."

As she was about to agree, the door opened and DB, who was shackled and dressed in an orange jump suit, was escorted into the room. Brenda was struck by how young he looked. _He looks a lot younger than his wife._ _DDA Kleinmann and PO Kearney were right when they said he has a baby face._ His arms and neck were covered with tattoos and they were a sharp contrast to his youthful appearance. She also noted that he maintained eye contact and had a pleasant smile. _His teeth look pretty good so he's probably not a methhead._

Mr. Morgan introduced Brenda and explained that she was conducting an internal review of his case for the DA's office and that she needed to interview him. He also stressed that DB needed to abide by Mr. Morgan's decision about whether or not he should answer each question.

DB nodded his understanding to Mr. Morgan and then turned to Brenda. "I'm pleased to meet you, Ma'am. I'd shake your hand but touching isn't allowed." He asked questions about Brenda's investigation then said, "I'll answer any questions that Mr. Morgan says are ok."

"Thank you, Mr. Byers. I'd like to record this interview, if you don't mind."

He looked at his attorney who nodded so he replied, "Whatever you want. But, please, call me DB."

"All right, DB," she replied as she punched the record button. "Your case came to my attention when Father Jack asked for my help. I presented his concerns to the District Attorney and he asked me to look into your case. But I want to stress that my report is only intended for DA Corning. It probably won't help your case at all."

"I understand. What do you want to know?"

"I've already spoken to both PO Kearney and Ortega so I understand that they have a very different opinion about you and your situation, and now I'd like you to tell me exactly what happened."

"My wife told me that you interviewed her, as well."

"Yes, I did."

"What about Gary Olinsky?"

"Have you read his statement? Because I thought it was so thorough that, unless you think he left out somethin' important, or you disagree with somethin' he said, that I don't think I need to interview him."

"No, I think he covered everything and what he said was true."

"All right, then. Let's start with exactly what happened."

"You can answer," Mr. Morgan interjected.

DB nodded and told of deciding that he had no future if he was constantly in and out of prison, so when he was released on parole and Gayla told him about Father Jack's foundation, he went to him and begged for a job. "Finding Gayla and our kids was the best thing that ever happened to me. She led me to Father Jack and I really did change my life. But when my case was transferred to PO Kearney, well that was the worst thing that ever happened to me."

"Why is that?"

Mr. Morgan nodded so DB answered, "He's the one behind my third strike case, even though my first case was when I was a teenager and shouldn't be used against me."

"Tell me about that first case."

Again, Mr. Morgan nodded so DB recounted joining the Aryan gang and finding himself in a shootout with police. "I was so relieved that I didn't hit anybody that I just dropped my gun and ran. Being locked up probably saved my life."

"Why is that?"

Because, if I hadn't been in Juvie, my gang probably would have killed me. They don't have any use for members who run away from a fight."

"No, I know they don't," Brenda agreed. "Tell me about your second case."

"I began using drugs in Juvie and continued when I got out. I had to support my habit so I began selling. Meth, mostly. Some coke. Well, I got caught selling to an undercover cop. I admitted everything and was sent to prison. Adult prison was different. I was no longer the biggest kid on the cell block so, in order to keep away from the other inmates, I attended all the classes I could and spent as much time in the library as I could. I went to drug rehab sessions and got clean. I even went to church every day, but I still don't get the whole god thing. I also got my GED. And one of my teachers told me that if I stayed clean when I got out, there wasn't anything I couldn't accomplish. I guess she didn't know PO Kearney," he added bitterly.

"I understand that you weren't there when Parole showed up on your property."

"Not at first. I was at the Parole office for my regular check-in. They found me there and I got back to the house just as they had finished ransacking it. Kearney didn't believe me when I explained that our appointment was at the office. He thought I was trying to cover up a dirty piss test."

"Your wife showed me this appointment card." She pulled the picture from her notebook and showed it to him before handing it to Wendall Morgan. "Mrs. Byers still has that card on her refrigerator," she explained.

"Thank you, Chief Johnson. This is something we can use. I'll call Gayla and get the original."

Brenda then turned back to DB. "At the point you were brought back to the house, had they found the stolen equipment?"

"No, they were just finishing searching the house."

Brenda changed the subject. "I understand you and Gayla own your own home but that your name is the only one on the deed. Why is that?"

"That house was left to me by my mother. It has a barn at the back of the property. The door was in pretty rough shape so I replaced it in order to keep some tools that we were going to use for some construction. It's funny. I thought everything in that barn would be safe. I never dreamed that I'd be facing life in prison because of it."

"How did you meet Bobby Baker?"

DB recounted meeting him when he showed up at Father Jack's place needing a place to stay. "I thought he deserved the same second chance that Father Jack gave me so I offered to let him stay with us." He leaned across the table toward Brenda and spoke earnestly, "I swear I had no idea that he had stolen that stuff. And I certainly didn't know he had put it in my barn. If I had known, I would have called the police myself."

Brenda nodded and said, "I understand, but I want to ask you about a lock box found on your property…"

"You mean the box with my wife's marijuana in it?"

"No, I mean the box that held the stolen driver's licenses and credit cards."

DB looked at Mr. Morgan who said, "The statute of limitation on the circumstances surrounding that box has expired. It can't be used against you. You can answer."

"I broke into cars and stole that stuff after I got out of Juvie. I stored it in my mother's barn until I could figure out how I wanted to use it. I had completely forgotten it was there until Kearney searched the barn. I admit to stealing the stuff in that box, but I did not steal any electronics equipment and I certainly did not know it was on my property."

"Well, I think I have everythin' I need for my report. Thank you for bein' so cooperative."

"You're welcome, Ma'am."

Mr. Morgan signaled to the Corrections Officer that they were finished, and Brenda and he left as the deputy entered the room to escort DB back to his cell.

When they reached the parking lot, Brenda thanked him and he asked, "What did you think of DB?"

"He's intelligent, articulate, and I found his account of the events to be completely in line with the LAPD and POs' accounts."

"I hope the jury does too, but I'm not sure it will make any difference. With the way the law is written, just having his name on the deed is enough to convict him. But tell me, may I have a copy of your report?"

"That would be up to DA Corning but since it's an internal document, I don't know if he'll be willin' to give it to you."

"In that case, I may have to subpoena it."

"I don't think it'll help your case, but I'll let DA Corning know. Thank you for lettin' me meet with Mr. Byers."

"You're welcome, Chief Johnson."

 _To be continued…_

12


	5. Chapter 5

**Chapter 5:**

When Brenda returned to the office she finished writing her report and attached it to an email to Steve.

Two hours later, as she was eating a late lunch at her desk, her phone rang. It was DA Corning. "Chief Johnson, I just finished reading your report and I would like to discuss it with DDA Kleinmann and DDA Zahn so I've forwarded it to them. Are you available to meet with us tomorrow afternoon?"

"Yes, sir. Just let me know the time."

"I'll have Miriam set it up."

* * *

Mark Kleinmann was in Madeline Zahn's office going over Brenda's report. She asked, "Does this report contain any information you didn't have?"

"I didn't know about the appointment card, and I didn't know that Byers inherited the property from his mother," he replied.

"I suppose it might explain why the lock box appears to be so old," Madeline mused. "Actually, both of those are going to be points the defense will use to their advantage."

Mark agreed, "I'm sure that they won't go unnoticed by Wendall Morgan."

"Chief Johnson's report also mentions a video of the search and arrest. Who made that video?"

"Robbery Homicide was called to assist Parole. They filmed it."

"I'm concerned about Douglas Byers. Have you ever met him?"

"Not met. But he's been in court at each hearing."

"Have you been able to form an opinion of him as a potential witness?"

"He's never said much in those hearings, but he reads young and has an innocent and sincere demeanor that could influence a jury. And Marshall describes him as an expert con man so I have to think he would be an effective witness if he takes the stand."

DDA Zahn sighed and took off her reading glasses before speaking. "I think we have to drop the third strike from our case. All we would need would be for the jury to feel that this guy is being railroaded and we could lose the whole thing."

"Marshall is adamant that Byers is a clever con man, a real badass, so he insisted on the third strike."

"And do you believe him?"

"As I said, I've never spoken to Byers but Marshall is a good PO and I tend to trust his judgment."

"Even if he's right, are you willing to risk the jury feeling sympathy for Byers and losing the entire case?"

"No. If it would place the whole case at risk, I'm willing to drop the third strike."

"Good. Maybe you can work out a deal that would keep Byers in prison and would satisfy PO Kearney."

DDA Kleinmann nodded and said, "A deal would keep the case away from a sympathetic jury. Byers and his wife are not wealthy people, and Morgan's services are expensive. So they might go for a deal. I'll call Marshall and see what we can work out."

* * *

The following afternoon, Linda stopped Brenda as she was going to the conference room for her meeting. "Chief Johnson, I have Father O'Rourke on hold for you."

"Please tell him I'm in a meetin' and I'll call him later."

Brenda was the first person to arrive. As she helped herself to a cup of coffee, DA Corning entered so she turned and greeted him.

He returned the greeting and poured himself some coffee. "I want to compliment you on your report. It was very thorough."

"Thank you, sir. I'm glad you're satisfied with it."

"You didn't draw a conclusion, but I was able to draw one. We cannot allege a third strike on a technicality."

Just then DDA Zahn entered and sat down and placed a marked up copy of Brenda's report on the table in front of her. "Mark just called. He had an unscheduled court hearing, but he said he is on his way."

A few minutes later, DDA Kleinmann entered. "I'm sorry I'm late. I had an allocution."

When everyone was seated Steve opened the meeting by asking, "Why are we alleging a third strike when the first offense is a sealed juvenile offense and the third is only the technicality of the property's title?"

"The third strike was requested by PO Kearney," Madeline explained.

"I gathered that from Chief Johnson's interview of him. But we're not bound by Parole's request. And the third strike law was intended to be for violent repeat offenders. Douglas Byers doesn't appear to be a candidate for a third strike."

"I believe PO Kearney's recommendation was based on his attempt to murder two police officers," Mark offered.

Madeline spoke up. "But Mark and I met yesterday, and after reviewing Chief Johnson's report, we agreed that we should drop the third strike."

"Actually, the case is over," Mark added.

"Over? Why is it over?" Brenda asked.

"I offered Byers a deal and he accepted it. I just came from his allocution."

"What was the deal?" Steve asked.

"I offered him fifteen years. And with credit for time served, as well as time off for good behavior, he'll be out in seven."

"And he took it?" Brenda was incredulous.

"Yes. And we found a judge who was free and he accepted the deal. Douglas Byers will be on his way to prison shortly."

Steve's eyes narrowed and he looked at Kleinmann. "Are you convinced that this deal serves justice?"

"I accept Marshall Kearney's assessment of him. He's convinced that DB knew about the thefts, and that he might even have been involved in planning them. He's upset that I dropped the third strike. But that's the same deal we're going to offer Baker and Olinsky. So, yes, I believe that the deal serves justice."

"Nevertheless," Steve said, "I want it made clear that from now on, the Los Angeles County District Attorney's office will not seek a third strike for non-violent offenders. And sealed juvenile offenses will not be counted." There was a hard edge to his voice.

"Yes, sir," Madeline replied. "I have no problem with that policy."

"Neither do I," Mark added.

"I will put that policy in writing and issue it to all staff today. And, Madeline, if any of your staff have any more third strike cases, I expect you to review them and determine if they follow the new policy guidelines. Chief Johnson, I expect you to tell your supervisory staff to do the same thing."

"Yes, sir," Madeline and Brenda replied together.

And with that the meeting was over.

* * *

When Brenda entered her office she saw a pink phone message slip reminding her that Father Jack had called. _I know exactly why he's callin'._ She dialed his number. When he answered she said, "I just heard about the deal they made with DB."

She knew Father Jack would be mad, and she was right. He was screaming. "That was no deal. He was railroaded. How could this happen, Chief Johnson? There's no justice here. He's innocent! And now he has to spend at least another seven years in prison!"

"Father Jack, the third strike was dropped. If he was innocent, he didn't have to accept the deal. He could have refused it and defended himself in court. I've met his attorney and there's no doubt in my mind that Wendall Morgan is more than capable of defending Mr. Byers."

"Your office didn't give him a choice. They told him that he had to either accept that deal or they would proceed with the third strike."

"Who told him that?"

"DDA Kleinmann."

"Are you sure?"

"That's what Wendall Morgan told me."

"Wasn't Mr. Morgan there, advisin' him?"

"Yes, but they didn't give them any time to talk it over. DB had to accept it on the spot."

"I know that they aren't required to give defendants a specific time to consider a deal…"

"They didn't give him any time at all. And DB and Gayla were out of money so they felt they had no choice. Their backs were to the wall, and Kleinmann knew it."

"I'm so sorry, Father Jack. I know it sounds lame, but I really am sorry."

"Well, that's not going to help DB or Gayla and their kids, now, is it?" and with that parting shot, Father Jack abruptly hung up the phone.

After the call, Brenda sat there for a few minutes. She was stunned. Then she called Steve and told him what Father Jack had reported. She continued to sit for a few more minutes. _Is this justice? It sure doesn't feel like it's justice for the Byers family. Is this the way we want these cases to be decided? Is this what I want to spend the rest of my life workin' for?_

* * *

When Fritz came home he found Brenda sitting on the couch eating a Ding Dong and drinking a glass of Merlot. He took one look at her melancholy expression and asked, "Bad day?"

"No, not a bad day. A _horrible_ day." Then she told Fritz about the meeting and Father Jack's call.

"I'm so sorry." He sat beside her and put his arm around her. And she rested her head on his shoulder. "Can you say, beyond a reasonable doubt, that DB did not know about the stolen goods and that he did not have any part in planning the robberies?"

"No. But everythin' led me to that conclusion." Then after a few minutes of silence, "You know, I used to use someone's connection to a crime to get a conviction for murder, even though that person wasn't a part of the actual crime, and maybe didn't know anythin' about it. Remember the Dear Jane Gang? I charged Jed Bailey with murder because his gang killed those men, even though he had no part in that bank robbery, didn't know about the murders, and he would never have condoned usin' guns. He had kids too." And she had to admit that he wasn't the only one. "I'm no different than DDA Kleinmann. I got so wound up in wantin' to close my cases that nothin' else mattered. I lost all perspective."

"It's a professional hazard." Fritz kissed her forehead. "But you're a different person now." He continued to hold her.

Her body relaxed and they sat there without speaking for several minutes. "I'm not really in the mood for dinner. Can you go to class without me?" she asked.

"No. We both need to go," Fritz replied softly.

That was followed by another period of silence. Finally, Brenda sighed, "Then we'd better get ready to go."

* * *

When they entered they saw a large round table in the corner which was set for nine diners. All four couples found the equipment and ingredients necessary to prepare their dishes at their work station and began working. Chef Rossi circulated between the work stations observing their progress and offering encouragement and suggestions when necessary. Finally, everything was finished and they sat down to eat.

They talked as they ate and one of the men turned to Fritz and asked, "What do you do for a living, Fritz?"

"I'm a Special Agent for the FBI."

"No kidding! I think you're the first real live G-Man I've ever met." Everyone chuckled.

"I'm afraid that makes it sound more dangerous and exciting than it really is," Fritz replied modestly.

Then Marilyn Morrison seized her opportunity, leaned across the table, and asked in a syrupy tone, "And Brenda, you've been very quiet tonight. Tell us, do you have a job?"

Fritz recognized that her question was an attempt to belittle his wife and knew that Brenda also picked up on it. But she simply replied, "I work for the District Attorney's office."

"How wonderful," Marilyn cooed in a saccharine voice.

Fritz had finally had enough of her constant stream of condescension directed toward Brenda so he spoke up. "Actually, Brenda is the Chief of the District Attorney's Bureau of Investigations. She supervises a staff of more than three hundred people. Isn't that right, honey?" Brenda had her mouth full so she just nodded, but her expression told Fritz to stop.

Just then he heard someone say, "Wow!" So even though Brenda's eyes told him that he was riding into the Valley of Death, he continued.

"And before going to work for the District Attorney, she headed up the most elite division of homicide detectives at the LAPD called Major Crimes. In fact, she holds the record for obtaining the most murder confessions leading to convictions in the state, maybe in the country."

"Really?" Marilyn looked stunned.

"That is very impressive. It's obvious you're from the south, Brenda, but where in the south?" Chef Rossi asked.

She converted her glare directed toward Fritz to a smile and replied, "Atlanta."

"Is that where you got your start in law enforcement?"

"No. I started out workin' at Washington DC's Metro Police Department."

"But before that, she was recruited right out of college to work for the State Department," Fritz interjected. "She helped the Eastern European countries get on their feet after the Soviet Union crumbled. She is fluent in Czech, German and Russian."

Brenda's body language told him that she wanted to dive under the table, strangling him on her way down, but Fritz was on a roll. "She's a genius and I'm so proud of her. I love talking about her achievements. But," he winced, "I can tell I've said enough because I just took a brutal incoming kick to the ankle."

They all laughed and Brenda blushed. "Well, I'm definitely not a genius when it comes to cookin', which is why my husband pressured me to take this course. He was desperate."

Everyone laughed again and Fritz saw Marilyn Morrison visibly shrink back from the table. He smiled even more broadly. _If she shrinks back any more she's going to need a phone book to sit on._

Fritz knew that Brenda would give him a blistering tongue lashing in the car going home but, as he watched Marilyn Morrison's reaction, he decided it was worth it. _As a matter of fact_ , he thought, _This meal is the best I've ever had._

 _The End_

9


End file.
